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Tasmanian Industrial Commission

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T2867

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 Application for hearing an Industrial Dispute

The Hospital Employees' Federation
Tasmania Branch

(T.2867 of 1990)

and

Levenbank Nursing Home

 

COMMISSIONER R J WATLING

15 January 1990

Redundancies

REASONS FOR DECISION

This application was made by the Hospital Employees' Federation, Tasmania Branch (the Union), pursuant to section 29 (1) of the Industrial Relations Act, 1984 for the purpose of solving a dispute between the Union and Levenbank Nursing Home (the Home).

On the 31 December, 1990, the Home was to cease operation as a nursing home, however, it will continue in the form of hostel accommodation.

The dispute centred around:

(a) the criteria adopted by the Home to determine which employees would be made redundant and those who would be retained to run the hostel and,

(b) the severance payments that would be made to those employees who ceased their employment in the Home on the 31 December, 1990.

After preliminary submissions, the Commission chaired a private conference of the parties in an attempt to resolve the dispute by conciliation.

During the course of the conference I made a number of recommendations and directed the parties to have further discussions.

The hearing then adjourned to allow that to take place.

When the hearing resumed on the 8 January, 1990 and after further private discussions between the parties, I was advised that virtually all the outstanding issues had been resolved to the mutual satisfaction of the Union and the Home.

The severance payments agreed to by the parties and now endorsed by the Commission are those determined by a Full Bench of the Australian Conciliation and Arbitration Commission of 14 December, 1984, arising out of, what is commonly referred to as the Termination, Change and Redundancy Case, i.e.

    For less than one years service nil
    More than one but less than two years 4 weeks' pay
    More than two but less than three years 6 weeks' pay
    More than three but less than four years 7 weeks' pay
    More than four years service 8 weeks' pay
    'Week's pay' means the ordinary time rate of pay for the employee concerned.

There only remains one outstanding issue which I feel is capable of resolution, however, the parties required more time to gather additional information.

The dispute which gave rise to this application has now been resolved therefore I am going to adjourn this matter sine die.

However, should the outstanding matter remain unresolved then I would be prepared to re-open this application at the request of either party.

 

R J Watling
COMMISSIONER

Appearances:
Mr R Warwick for the Hospital Employees' Federation, Tasmania Branch.
Mr G Grant for the Australian Nursing Federation.
Mr W Fitzgerald with Major J Staite for Levenbank Nursing Home.

Date and Place of Hearing:
1990
December 21
1991
Jan 8
Hobart